Allegations that co-workers stared at the plaintiff’s breasts frequently over a multi­year period, in addition to making comments about her breasts and suggesting she was a “lezzie,” could lead a reasonable jury to find that plaintiff was subjected to severe ...

Tagged with: Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District

Disagreements between neighbors over the size, temperament and bathroom habits of the plaintiffs’ emotional support dog did not support claims for accommodation or retaliation under the Fair Housing Act, or FHA. Nor did it give rise to claims under § ...

Tagged with: Judge T.S. Ellis III Tort U.S. District Court - Eastern District

Using the internet to transmit visual depictions of a minor engaging in sexually explicit conduct satisfies the interstate element of a claim under 18 U.S.C. § 2252, even if the defendant sent or attempted to send the video file to ...

Tagged with: Criminal Judge T.S. Ellis III U.S. District Court - Eastern District

An employee succeeded in having a default judgment entered against the company he sued for violations of the Fair Labor Standards Act because its repeated failure to respond to discovery, even after being ordered to do so by the court, ...

Tagged with: Judge T.S. Ellis III Sanctions U.S. District Court - Eastern District

A man sued for allegedly marketing and selling counterfeit Lamborghini-marked merchandise failed to show he was improperly served or that default was improperly entered. Where the owners of the Lamborghini trademark and corporate affiliates sufficiently pleaded trademark and false designation ...

Tagged with: Intellectual Property Judge T.S. Ellis III U.S. District Court - Eastern District

Although the Virginia Supreme Court and Fourth Circuit have never addressed whether a prevailing defamation plaintiff may obtain an injunction prohibiting a defendant from repeating defamatory speech, a man found to have made false and defamatory statements about the plaintiffs’ ...

Tagged with: Judge T.S. Ellis III Tort U.S. District Court - Eastern District

The plaintiffs could not claim the defendants conspired to obstruct justice by denying them access to the courts in violation of the First and 14th Amendments because the record shows that the plaintiffs previously filed two lawsuits—a bias suit against ...

Tagged with: Civil Rights Judge T.S. Ellis III U.S. District Court - Eastern District

A Virginia statute requiring a foreign corporation that is “transacting business” in Virginia to obtain a “certificate of authority” did not apply to a Maine-based recruiting firm that brought suit over unpaid commissions. The firm’s communications into the state about ...

Tagged with: Contract Judge T.S. Ellis III U.S. District Court - Eastern District

Where a former waiters’ assistant, busboy and janitor established that an Arlington restaurant did not pay him overtime, the waiter was awarded overtime wages and an equal amount in  liquidated damages for a total of $5,724. The restaurant was also ...

Tagged with: Employment Employment Law Judge T.S. Ellis III U.S. District Court - Eastern District

Statements regarding defendant’s competence, ability to perform and serve as a “one-stop shop” for a roof repair project are factual representations because they were made with knowledge of the plaintiffs’ specific needs. These comments supported a claim for fraud in ...

Tagged with: Judge T.S. Ellis III Tort U.S. District Court - Eastern District